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(영문) 대구지방법원 2020.11.11 2020고단432
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant issued a summary order of KRW 1.5 million at the Daegu District Court on June 23, 2008 for each of the offenses of violation of the Road Traffic Act, each of which was sentenced to a summary order of KRW 1.5 million on June 26, 2008, a summary order of KRW 2 million on June 26, 2008, and each of which was sentenced to a summary order of KRW 8 million on March 24, 2015 for each of the offenses of violation of the Road Traffic Act (driving) at the Seogu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of KRW 10 million on September 22, 2015, each of which was sentenced to a summary order of KRW 10 million on September 29, 2009 and on September 21, 2017.

On November 16, 2019, at around 20:45, the Defendant driven a B-Edi vehicle while under the influence of alcohol content of about 0.210% in the section of about 10 meters prior to the intersection of the “Sullulululuqu square” in front of the restaurant located in the middle of the Daegu Suwon-gu Do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A written statement of the defendant C in court;

1. Report on the statement of the situation of a drinking driver, and report on the results of the control of drinking driving (Evidence records 28 pages) 112;

1. Previous records of judgment: Application of criminal records, replys to criminal records, prosecution investigation reports (reports accompanied by summary orders) and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. In full view of the fact that probation, community service, and Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody Act, and Article 7 times (including two times a suspended sentence of imprisonment) have no record of being punished for driving for the reason of sentencing, and that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been significantly strengthened after the implementation of the Road Traffic Act, and the degree of blood alcohol concentration exceeds the criteria for the revocation of the driver's license.

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